101 A.D.2d 981 | N.Y. App. Div. | 1984
Lead Opinion
— Appeal from a judgment of the County Court of Rensselaer County (Dwyer, Jr., J.), rendered September 8, 1982, upon a verdict convicting defendant of the crime of manslaughter in the first degree. 11 Defendant was indicted for manslaughter in the first degree for the shooting death of Porfirio Fonseca on June 22, 1981. After a trial by jury, during which defendant relied on the defense of justification, defendant was found guilty as charged and sentenced to an indeterminate term of incarceration of 4 to 12 years. On this appeal, defendant urges that certain errors during the trial require reversal of her conviction. We disagree and affirm. 11 Defendant claims that County Court, in precluding testimony concerning her state of mind and intent at the time of the shooting, unduly restricted her defense which was designed to demonstrate that defendant was justified in killing Fonseca because he posed a threat to the physical safety of her family. It is well settled that when the defense of justification is presented, a defendant’s state of mind
Dissenting Opinion
We cannot agree that the trial court’s error in precluding defendant from testifying concerning her state of mind at the time of the shooting was harmless. The trial court charged the jury, and properly so, that a defense of justification is premised on the reasonable belief of a defendant that force is necessary to defend himself or a third person from the use or imminent use of unlawful physical force (Penal Law, § 35.15). Here, defendant was unable to establish this element of the justification defense because she was not allowed to testify regarding her belief at the time of the shooting. We do not believe that this void was filled by other